EXPLANATORY STATEMENT

 

 

Select Legislative Instrument 2006 No. 81

 

 

Issued by the Authority of the Attorney-General

 

 

Federal Magistrates Act 1999

 

Federal Magistrates Amendment Regulations 2006 (No. 1)

 

The Federal Magistrates Act 1999 (the Act) establishes the Federal Magistrates Court (the FMC) as a federal court under Chapter III of the Constitution. 

 

Subsection 120(1) of the Act provides that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.  The Federal Magistrates Regulations 2000 (the Principal Regulations) prescribe certain fees in relation to court proceedings and contain provisions in relation to the payment of those fees.  In particular, item 10 of Schedule 1 to the Principal Regulations provides that a fee is payable for the seizure and sale of goods by an officer of the FMC in the execution of the process of the Court.

 

With effect from 4 May 2006, the Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006 (the Amendment Act) confers on the FMC similar jurisdiction to that of the Federal Court in admiralty matters.  The Amendment Act amends the Admiralty Act 1988 to give the FMC jurisdiction in relation to all in personam actions under the Admiralty Act (actions enforceable against the defendant personally), and jurisdiction in in rem actions (actions enforceable against a ship, freight or cargo) remitted from the Federal Court or a State Supreme Court.

The Federal Court of Australia Regulations 2004 (the Federal Court Regulations) provide that there is no fee for the seizure and sale of goods for any proceedings under the Admiralty Act.

 

The Regulations amend item 10 of Schedule 1 to the Principal Regulations to provide that there is no fee for the seizure and sale of goods applicable for proceedings under the Admiralty Act to ensure consistency with the Federal Court Regulations.  The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on the commencement of Schedule 3 to the Amendment Act, which is expected to be 4 May 2006.

 

 

Consultations regarding this legislative instrument were held with the FMC.  This level of consultation is appropriate and sufficient, as this instrument is of a minor or machinery nature only that does not substantially alter existing arrangements.  The Regulations have no direct or significant indirect effect on business.  The Office of Regulation Review have advised that a Regulation Impact Statement is not mandatory in these circumstances, since the amendments do not restrict competition.